POSTED: Monday, September 10, 2012 - 5:19pm
UPDATED: Monday, September 10, 2012 - 5:20pm
News Channel Nine confirmed that Irving Aaron Gomez, 21, is not a United States Citizen.
Gomez is charged with Capital Murder in the killing of 11 month old Neveah Martinez.
Immigration and Customs Enforcement says Gomez can be removed from the country.
A spokesperson said Gomez currently has a detainer or hold on his record, meaning he was either in the country illegally or is a resident.
ICE says they screen the jails for foreign nationals in their Criminal Alien Program and found Gomez was not born in the U.S..
If convicted Gomez could be deported after serving his time in jail.